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(영문) 서울북부지방법원 2019.09.20 2018가단3226
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shared KRW 4,548,400 with respect to the Plaintiff (Counterclaim Defendant) from May 25, 2017.

Reasons

1. Basic facts

A. On July 1, 1996, the Plaintiff completed the registration of transfer of ownership on the ground of the bid on May 10, 1996 with respect to the Seongbuk-gu Seoul (Road Name Address, Seongbuk-gu, Seoul) 122 square meters and its ground lot and sap 72.46 square meters and 72.46 square meters and 19.97 square meters in the underground room (hereinafter referred to as “the Plaintiff’s land”) as “the Plaintiff’s land” in cases where only the building is referred to as “the Plaintiff’s building”, “the Plaintiff’s land”, and “the Plaintiff’s real estate” in cases where the land and the building are collectively referred to as “the Plaintiff’s real estate”).

B. On September 26, 2016, the Defendants, as married couple, completed the registration of transfer of ownership on July 14, 2016 with respect to each 1/2 portion of the Seoul G (road name Seoul Seongbuk-gu Seoul Metropolitan Government D) and 168 square meters of the ground brick structure, cement 99.34 square meters of the cement tank, the branch of the ground brick structure, and the 99.34 square meters of the ground brick, and 23.74 square meters of the underground room.

C. The Defendants removed the buildings listed in the preceding paragraph on or around January 2017, according to the circumstances, etc. that were worn-out houses constructed before 1988, and completed the registration of ownership preservation on May 26, 2017, by newly constructing the 92.62 square meters of reinforced concrete structure in the name of “H”, 92.62 square meters, 2 stories, 97.76 square meters, 3 stories, 78.43 square meters, 11.96 square meters of a rooftop, 11.96 square meters of a rooftop, and completing the registration of ownership preservation on or around May 26, 2017.

(hereinafter referred to only the land is referred to as “Defendant’s land”; if a new building is referred only to as “Defendant’s building”; and if a land and a new building are collectively referred to as “Defendant’s real estate.” D.

However, among the Defendants’ buildings, the portion of 14 square meters for the residence of the third floor panel structure is illegal expansion (hereinafter “the portion for the illegal expansion of this case”), and the Defendants already received two corrective orders from the head of Seongbuk-gu Seoul Metropolitan Government and imposed a non-performance penalty on December 13, 2018.

E. The Plaintiff’s real estate and the Defendants’ real estate are located adjacent to each other, and the location, form, and surrounding conditions are as shown in the separate sheet.

The place is the second-class general residential area, which includes the Defendants’ buildings around the Plaintiff’s real estate.

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